Petition for the Dissolution of Marriage in Arizona

A petition for the dissolution of marriage attorney in Arizona will help with your legal request to terminate your marriage. If you are thinking about divorce in Arizona, you need to know what a dissolution of marriage entails, and here is a guide.

So, you've tried to make the marriage work, maybe even enlisted the help of a marriage counselor, but still feel like you're drowning? Well, sometimes a divorce might be just what you need for a new lease on life, and it starts with a petition for the dissolution of marriage.

What's a Petition for the Dissolution of Marriage in Arizona?

A petition for the dissolution of marriage is a formal request that starts divorce proceedings. The request is made in one of the state's Superior Courts in the county where you or your spouse reside.

The following documents must be included with the divorce petition:

• Sensitive datasheet
• A summons
• A preliminary injunction
• A health insurance conversion notice
• Notification to creditors

You'll need to get multiple copies of these documents date-stamped so the court clerk can file one group, and you keep at least two for later confirmation purposes.

Making Statements Under Oath in Arizona

The petition for dissolution documents will have some questions that'll need answers. The form must be completed honestly and completely.

Some of the statements you'll have to provide under oath include the following:

• Detailed information about you and your spouse:
• The date and location of your wedding
• The declaration that your marriage is broken beyond reconciliation.
• Confirmation or denial that your marriage is a covenant union.

Filing the Divorce Petition with the Superior Court Clerk in Arizona

After completing the petition for dissolution form, you'll have to file it with the clerk of your local superior court. The court clerk will assign your petition a formal case number. In some cases, an atlas number is issued if minors are involved. Note both numbers since they'll be required on all subsequent court documents.

Make two copies of the original petition document so that once they're stamped, the court clerk can keep the original, and you serve one to the defendant and keep the other. A filing fee of $321.00 is usually charged, although a fee waiver may be possible. On the other hand, a response or first appearance in a dissolution case costs $256.00. The costs for an annulment and a legal separation are the same.

Your spouse must respond to the petition for dissolution within a specified time, or you could file for a "default" against them. A default application allows you to proceed with dissolving the marriage, seek child custody, divvy assets and properties, and seek compensation for attorney fees.

But if your spouse responds to the petition for dissolution of your marriage, it's up to you to pursue the divorce. That includes getting your divorce case on the court's active schedule. See, when you file your dissolution of marriage petition, the court automatically places it on its "inactive calendar" and won't do anything unless you ask it to. If you wait too long, you'll get a letter notifying you that your petition has been dismissed.

How to Get Your Case on the Court's Active Calendar in Arizona

You can submit either a Motion to Set and Certificate of Readiness or a Motion for Temporary Orders. A "Motion for Temporary Orders" requests the court to put provisional orders in place during the dissolution of the marriage. These include things like:

• Temporary child custody orders
• Temporary child support orders
• Temporary spousal support provisions
• Temporary ownership or use of specific assets throughout the proceeding (such as the family home);
• Temporary instructions for community bill payment;
• Temporary rulings directing the payment of divorce-related legal bills;

On the other hand, a Motion to Set and Certificate of Readiness document confirms that you are prepared for your divorce proceedings. You must testify under oath that you've shared all pertinent paperwork and data for the final trial with your spouse. Moreover, the Motion to Set and the Certificate of Readiness request the court to set a date for the final trial.

What is a Resolution Management Conference

After receiving either of the above motions, the court will schedule a Resolution Management Conference and inform you and your spouse of the time and place. The conference's purpose is for the judge to become acquainted with your case, attempt to resolve disagreements, order mediation, or authorize a trial as they see fit. You might not be asked to present any evidence during the event. But read the court notice very carefully to be on the safe side.

If you agree to settle your dissolution, the judge will have to approve any settlement agreement, but what's important is that it's based on conditions that both you and your husband agree upon. If the judge approves, they'll sign the Consent Decree for the Dissolution of the Marriage and mail your final divorce decree within a couple of weeks.

On the other hand, if you decide to go to a marriage trial, the court will issue a set of pretrial orders requesting the following info:

• A list of the disputed issues that the judge must decide
• A statement outlining your stance on the disputed issues;
• A list of all the case's unresolved or resolved issues;
• A list of all the witnesses who will appear in court to testify.
• A list of every exhibit that'll be presented as proof at trial;

The pretrial instructions will also specify a deadline by which you must deliver all of your evidence to the judge's aide ahead of trial. Your evidence must be delivered on time to be marked so the court can easily trace it.

The court will inform you of the trial date and time, and during the proceedings, you and your spouse will be permitted to testify, bring your witnesses, and introduce exhibits into evidence.

Following the conclusion of the trial, the court may render its judgments that same day or after taking a few days to review everything. Considering filing a petition for dissolution of marriage in Arizona? At Genesis Family Law and Divorce Lawyers, we may be able to help. Our dissolution of marriage attorneys have successfully represented clients in Arizona for over 20 years now and have the expertise to handle any divorce case.

Call today or make an online appointment for a $100 one-hour consultation with one of our expert Divorce Lawyer in Arizona to discuss your specific family law matter, and we'll explain how we can help.

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Call us today and schedule your divorce consultation with one of our Arizona Divorce Attorneys. With offices in Mesa, Chandler, Glendale, Scottsdale, Queen Creek, and Gilbert we are ready to help.